There is currently a bill, relating to condoms, that has the potential to pass in the state of California. The term “stealthing,” refers to the act of removing a condom without consent. Sexual violence prevention experts deem stealthing as sexual assault. According to the CDC, removing a condom could greatly increase the risk of contracting a sexually transmitted infection and lead to unwanted pregnancies.
California Assembly member, Cristina Garcia, introduced this overlooked issue, as an attempt to make stealthing illegal. She proposed that a person committing nonconsensual condom removal would face repercussions under the law. Because Gracia recently mentioned this, no decisions about the law have been made, but if it were to pass, California would be the first state to officially declare it as sexual battery.
CriminalDefenseLawyer.com defines sexual battery as, “Sexual battery or criminal sexual contact is sexual conduct that does not involve penetration or sodomy, but does involve physical contact of a sexual nature without the other person’s consent.” Technically, it is not considered rape because the definition of sexual battery refers to two individuals that are already sexually intimate with one another. There is consent for other contact, but there is no consent for the removal of a condom, which is the problem that governmental employees are trying to address.
Professionals say that any form of sexual assault can create serious mental health issues for the victims involved. Creating a bill about this helps to create awareness amongst individuals and prevent this from occurring in the future.
Sources
https://www.criminaldefenselawyer.com/crime-penalties/federal/sexual-battery.htm https://www.washingtonpost.com/nation/2021/02/10/condom-removal-bill/?outputType=amp https://www.health.com/condition/sexual-assault/what-is-stealthing
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